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{
"id": 1391861,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391861/?format=api",
"text_counter": 78,
"type": "speech",
"speaker_name": "Ms. Gichangi",
"speaker_title": "The Deputy Clerk of the Senate",
"speaker": null,
"content": "Hon. (Dr.) Robert Onsare Monda, the Deputy Governor of Kisii County, the charges against you as received from the County Assembly of Kisii are as follows, and I quote-"
},
{
"id": 1391862,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391862/?format=api",
"text_counter": 79,
"type": "speech",
"speaker_name": "(1) Gross Violation of the Constitution or any other law",
"speaker_title": "",
"speaker": null,
"content": "The particulars of the charge are as follows- Whereas Article 179(4) vests Deputy Chief Executive Power on the Deputy Governor, and whereas in consideration of the provisions of Article 10 and 73(1)(a)(iii) and (iv) of the Constitution of Kenya 2010, in so far as it connotes the manner in which a State Officer is expected to exercise assigned authority, Article 75(1) of the Constitution, as read with Sections 8, 9, 10, 11, 24, 32, and 34 of the Leadership and Integrity Act, 2012, and Sections 9 and 11(1), (2)(a), (1)(c) of the Public Officer Ethics Act, obligates a State Officer, to behave in all senses in a manner that is devoid of comprising public or official interest in favour of personal interest. The Deputy Governor's actions of requesting for a bribe, receiving a bribe, is meant to compromise the integrity of the recruitment institution of Gusii Water and Sanitation Company (GWASCO), and the same is driven by nepotism, favoritism, improper and ulterior motives, and for corrupt purposes in complete disregard of the provisions of Article 73(2)(b) and Article 73(2)(c) of the Constitution. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1391863,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391863/?format=api",
"text_counter": 80,
"type": "speech",
"speaker_name": "(1) Gross Violation of the Constitution or any other law",
"speaker_title": "",
"speaker": null,
"content": "By virtue of the Deputy Governor requesting and receiving a bribe of Kshs800,000, he is in breach of the provisions of Article 232, which obligates public officers to observe the values and principles of public service that include high standards of professional ethics, fair competition, and merit as the basis of appointments and promotions, and Article 73(2)(d) of the Constitution that requires all state officers to be accountable to the public for their decisions and actions. The Deputy Governor, Hon. (Dr.) Robert Onsare Monda violated Articles 10, 73, 75, and 232 of the Constitution, which binds state officers while discharging their duties in offices inter alia. The Gusii Water and Sanitation Company (GWASCO), advertised for various job vacancies in April, 2023, and the said Deputy Governor alerted Mr. Dennis Mokaya's father that he could secure his son a job upon paying a bribe of Kshs800,000 only upon his shortlisting and being interviewed for the post. The Deputy Governor used his office to improperly confer a benefit to himself when he solicited a sum of Kshs800,000 shillings from one Mr. Dennis Mokaya and his family in the pretext of securing for him a job for the said post of commercial manager of GWASCO, an entity of the Kisii County government. The Deputy Governor received a sum of Kshs799,000 through the M-Pesa platform as follows: the first tranche on 28th May, 2023 of Kshs249,000, sent in three tranches of Kshs150,000, Kshs49,000, and Kshs50,000 by Mr. Dennis Mokaya Mosati on Mobile phone No.0725487300 to the Deputy Governor's Safaricom line being 0711860700. The second one was Kshs260,000 to the Deputy Governor's Safaricom line being 0711860700 and the last tranche in the sum of Kshs300,000 which was delivered to his offices in Gusii Stadium in cash. In an attempt to influence the award of a contract of employment to Mr. Dennis Mokaya, the Deputy Governor sent via M-Pesa a sum of Kshs100,000 to the Managing Director, GWASCO, in order to influence her to employ the said Mr. Dennis Mokaya, which request was not acceded to by the Managing Director, GWASCO, and the money returned via M-Pesa to the Deputy Governor. While realising that the Deputy Chief Executive Authority vests in the Deputy Governor, was there need for the Deputy Governor to grease the palms of the Managing Director of GWASCO to give Mr. Dennis Mokaya the said post? Mr. Dennis Mokaya complained to the County Assembly to intervene in its oversight capacity. Mr. Dennis Mokaya thereafter registered a complaint and recorded a statement with EACC and submitted, among other documents, the advertisement from GWASCO on the vacant post to be filled, his letter of application for the job, the invitation letter from GWASCO to attend the interview, and his M-Pesa Statement for the month of May 2023, detailing the transfer of the Kshs249,000 to the Deputy Governor. Despite this huge payment made, Mr. Dennis Mokaya and his family never secured the job. On informing the Deputy Governor that he would be forced to make a formal complaint to the Ethics and Anti-Corruption Commission (EACC), on the matter, the The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1391864,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391864/?format=api",
"text_counter": 81,
"type": "speech",
"speaker_name": "(1) Gross Violation of the Constitution or any other law",
"speaker_title": "",
"speaker": null,
"content": "latter threatened his life and his family. Consequently, it caused the former to go into hiding."
},
{
"id": 1391865,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391865/?format=api",
"text_counter": 82,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(2). Abuse of Office"
},
{
"id": 1391866,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391866/?format=api",
"text_counter": 83,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "The particulars of this charge are as follows- The actions of the Deputy Governor, the Hon. (Dr.) Robert Monda, of using his office to solicit for Kshs800,000, thereby conferring a financial benefit on himself, and subsequently sending Kshs100,000 to the GWASCO Managing Director, so as to influence the award of a contract of employment to a preferred interviewee, he has abused the Office of the Deputy Governor and is in breach of Articles 73 and 75 of the Constitution of Kenya, Sections 8, 9, 10, 11, 13, 24, 32, and 34 of the Leadership and Integrity Act, by breach of public trust, failing to carry out the duties of his office in a professional, transparent, and accountable manner, using his office to unlawfully enrich himself, failing to conduct the duties of his office with impartiality and objectivity in accordance with Articles 10, 27, 73, 2(b) and 232 and practicing favoritism and engaging in corrupt or unethical practices and engaging in actions that bully a person. The Deputy Governor is in violation of Section 11(1)(2)(a)(i), (c), of the Public Officer Ethics Act which provides that a public officer shall not use his office to improperly enrich himself or others and shall not accept favours from a person who has an interest that may be affected by the carrying out of the public officer's duties, and shall not for the person's benefit of himself or another use or allow the use of information that is acquired in connection with the public officer's duties as well as Section 6(1)(c), 2, and 3 of the Bribery Act provides that a person commits the offense of receiving a bribe if the person requests, agrees to receive, or receives financial or other advantage intending that a relevant function or activity be performed improperly by the person receiving the bribe and in anticipation of or as a consequence of a person requesting for or agreeing to receive or accept a financial or other advantage an activity is performed improperly by the person or another person. The Deputy Governor unilaterally used the office to intimidate and cow his family into hiding fearing for their lives in contravention of Section 34 of the Leadership and Integrity Act, 2012."
},
{
"id": 1391867,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391867/?format=api",
"text_counter": 84,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "In furtherance of abuse of his office, the Deputy Governor has continuously diverted county enforcement officers from their course of duty to work in his farm, a portion of land allocated to him by his father."
},
{
"id": 1391868,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391868/?format=api",
"text_counter": 85,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "Since he came into office, there have been at least five officers working in the farm, a clear demonstration that the Deputy Executive in chief is misusing the staff of the county."
},
{
"id": 1391869,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391869/?format=api",
"text_counter": 86,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "On the 20th December 2023, the Deputy Executive in chief deployed a contingency of about 20 county officers under the supervision of the sub-county administrator to arrest his brother, one Reuben Monda Orang’i, for cutting down trees that his brother Reuben Monda Orang’i had planted."
},
{
"id": 1391870,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391870/?format=api",
"text_counter": 87,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "In exercise of his executive power, the Deputy Executive in-chief, ensured his handcuffed brother was bungled in the police vehicle and was incarcerated in Keumbu Police Station for three hours without an Occurrence Book (OB) booking."
}
]
}